If you’ve suffered a personal injury and are involved in a settlement case, you probably have a lot of questions. There are a lot of variables when it comes to personal injury settlements and you should be prepared for what to expect.
Here at LJW Legal our mission is to educate those who have filed a personal injury claim on all facets of the process. From knowing when to settle a claim to how damages are defined and the average timeline for a case, we’ve got answers.
Legal Representation in a Personal Injury Case
If you are filing a personal injury claim and looking for a settlement, it’s crucial that you have the best legal representation possible. A law firm who will fight for the compensation you deserve, who knows the system, and specializes in personal injury settlements.
The court system can be difficult to navigate, with paperwork, due process, and proper presentation of evidence and liability. Find a law firm you can trust. LJW Legal has a qualified team of legal experts with a proven track record of positive results.
Each legal case is unique and you need a law firm who takes a personalized approach to each client they serve. Don’t settle for just any law firm.
Are Online Personal Injury Settlement Calculators Accurate?
The internet is full of calculators and estimates for everything. From mortgage loans to estimated savings on car insurance rates, you can find a calculation for almost anything. If you’ve ever used one, you know that they can be grossly inaccurate. But what about injury settlement calculators?
Of course, before filing a claim, you’ll want to see how much you can possibly get. Is it worth going to court for the amount of money you’ll receive, especially after lawyer fees? Don’t rely on an online calculator to make the decision for you.
Online calculators for personal injury settlements do the best they can, but they really only take a guess. There are more nuances that need to be looked at and accounted for than an online calculator can estimate.
LJW Legal offers free case evaluations before you commit to hiring the team. Speak with a professional before filing a claim so that we can advise you on what to realistically expect. Our lawyers will be straightforward with you, so you won’t be left in the dark.
It’s also important to remember that ultimately, the amount of money you receive in a personal injury claim or settlement is up to either the judge or the settlement you accept. No one can give you a definite number in advance.
Will I Receive Compensation for Pain and Suffering?
While the damage you’ve incurred to your vehicle, property, or medical bills that you’ve accumulated as a result of a personal injury case can be hefty, there’s something more to take into account. Compensation for pain and suffering. How can you put a dollar value on the emotional pain that you’ve been subjected to?
This is another reason as to why it’s crucial to consult with a personal injury lawyer. When filing a claim, the burden of proving pain and suffering is on you. You must be able to show that you’ve experienced a significant psychological or physical impairment as a result of the injury that interferes with your daily life.
Factors That Affect Your Ability to File for Pain and Suffering Damages
For example, if you’ve sustained a serious injury you may be able to file for monetary compensation in congruence with the extent of pain that you endured. Florida is considered a “no fault” insurance state, where you cannot file for pain and suffering damages unless your medical bills have exceeded a certain amount or your injury is considered serious enough to warrant the claim, if the injury results from a car accident.
If you’ve undergone surgeries, had to seek therapy or psychiatric care as a result of your injury, keep track of all of these bills to provide to your lawyer. Things like having to hire a home health aid are included in this list. Additionally, you must be able to prove that your injury was the result of the other party’s negligent behavior. If you are at fault for your injury, you cannot file such a claim.
Factors That Affect the Amount of Damages for Pain and Suffering
Factors that contribute to the amount of money you can receive for pain and suffering include the severity of the injury you’ve sustained, whether or not the impact of the injury is permanent. For example, you are more likely to receive pain and suffering damages for the loss of a limb than you are for a simple bone break.
For these reasons, it’s important to hire the best personal injury lawyer around. A legal team that will be able to address all of these factors and appropriately present them to the opposing party or judge to get the compensation you deserve.
How Are “Damages” Defined in a Personal Injury Lawsuit?
Damages can include a wide range of things, which is another reason it’s vital to seek a professional case evaluation regarding your claim. Damages that are typically considered valid in a personal injury claim include:
- The cost of medical bills
- The cost of future medical bills that will be incurred as a result of the injury
- The cost of medication associated with the injury
- The cost of physical rehabilitation
- Damage that was incurred to any property in the incident, such as your vehicle
- Damage that was incurred to personal belongings in the incident, such as a cell phone, items that were in a vehicle, aftermarket vehicle parts, jewelry, etc.
- Wages lost as a result of the injury/accident
- Future wages that will be lost in relation to the injury/accident
Will I Receive a Personal Injury Settlement?
Chances are that if you have suffered an injury as the result of another person’s negligence, or the negligence of an organization, you will be entitled to a form of monetary compensation.
Injuries Resulting From Defective Products
If your injury is the result of a product liability or defective product you may be able to join a class action lawsuit if there is a mass recall. Other product liability cases are broken down according to three circumstances.
Breach of Warranty
If a product or service that you have purchased fails to meet the promises of its warranty it is considered to be a breach of warranty. You may be entitled to a product liability claim if it results in a personal injury.
For example, if a product is marketed as being designed for a specific duty or purpose, it is held to a warranty of those standards. When you rely on the merchant to select the product for you, and the incorrect product is selected, resulting in an injury, you may be entitled to compensation.
Negligence
Personal injury claims that are a result of an organization’s negligence mean that the organization has failed to protect their consumers. This may be as a result of unsafe product development, manufacturer processes, lack of proper inspection or security, or misleading marketing practices.
Strict Liability
Injury that results from strict liability simply means that the manufacturer sold a defective product that resulted in injury. The injury may result from a product malfunction, instructions that fail to protect the user, design flaws, or low quality materials that caused defects.
What Kinds of Products Can Result in Injury Liability Claims?
Virtually any product that is manufactured and causes injury can result in a personal injury claim. This includes cars, electronics, furniture, paint, food, home construction materials, children’s toys, and much, much more.
Injuries Resulting from Car Accidents
Personal injury settlements in relation to car accidents are among the most common type of claims. Often, settlements relating to vehicle damage are handled by the car insurance companies. Personal injury claims, however, can be handled by lawyers.
While motorists are generally required to carry Personal Injury Protection (PIP) coverage on their policies, the limit of coverage you have selected may not cover all of your medical bills and lost wages, and won’t cover damages for pain and suffering.
If you’re injured in a car accident, the most important thing to do is seek medical care right away so you have proper documentation of an injury sustained in a car accident. Keep track of each medical bill you receive and provide them to your attorney to review. Be sure to find a lawyer who specializes in car accident injury claims.
Injuries Resulting from Other Occurrences
Other common personal injury claims result from slips and falls, animal attacks and dog bites, and medical malpractice. At LJW Legal, we have a dedicated team of lawyers who specialize in all areas of personal injury claims and settlements.
Will My Personal Injury Claim Result in a Settlement?
If you have had a free case evaluation and been advised by a lawyer to proceed with a claim, it is likely that you will receive monetary compensation for your injury, damages, and pain & suffering, if applicable. Reputable personal injury lawyers are unlikely to take a case they don’t believe will have a positive outcome.
Statistics back this up. It’s stated that 7 out of 10 personal injury cases result in a settlement. The average amount of money received in a settle is about $53,000, but cases vary greatly. Typically, a personal injury settlement will garner anywhere from $3,000-$75,000 in compensation.
Why Should I Accept a Personal Injury Settlement Instead of Going to Court?
In short, jury trials are unreliable. If you take your case to court without accepting a settlement, you stand the chance of walking away without any compensation at all. This is the last thing that you want when you have suffered an injury at the hands of another person or organization.
One study showed that less than 4% of all personal injury claims make their way to court. This means that 96% of all plaintiffs settle. An experienced personal injury lawyer can advise you on the best course of action based on the unique facets of your case.
When Will I Receive the Money from My Personal Injury Settlement?
Legal negotiations can take some time, which can be frustrating for a person who has suffered an injury. This is why it’s important to hire a legal team that is efficient and aggressive in arguing your case. The sooner you contact a personal injury attorney, the sooner they can begin fighting your case.
It can take anywhere from a few weeks to as much as a year to negotiate a settlement, and the timespan in which you will receive your money varies greatly too. Sometimes you will receive a check in just a few short weeks, but it can take up to several years in specialized cases.
This is another reason to hire the most experienced personal injury law firm to advocate for you.
Lump Sums vs. Structured Settlements
Once you have reached a personal injury settlement agreement, your payment may take one of two forms. Before you agree to settlement, make sure you understand the difference between accepting a lump sum or structured settlement.
Lump Sum Agreements
A lump sum payment means that you will receive all of the money you’re entitled to in a single payment. The other party will pay you the entirety of what you’re owed one time. There are pros and cons to this type of settlement. With a lump sum settlement the advantage is that you receive the money quickly. The downside is that oftentimes, a lump sum agreement may be less money than a structured settlement would be. You’ll also have to pay taxes on the large amount of money all at one time.
Structured Settlements
Structured settlements mean that you will receive the entirety of your settlement amount over a period of time, little by little. This may be a monthly payment, or a yearly payment depending on the agreement. The benefits are that you only have to pay taxes as you go, and you’re assured that you will have a reliable stream of income for a set amount of time.
Finding the Best Personal Injury Attorney
If you’re in need of a personal injury attorney in Pompano Beach, FL, contact LJW Legal for a free case evaluation today. Remember, time is of the essence when filing for a personal injury settlement and it’s crucial to take action fast.
Hire a team that will fight to get the compensation you deserve.